IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 841 of 2009()
1. ARUN RAJ K.P. S/O.RADHAKRISHNAN,
... Petitioner
Vs
1. K.T.ABRAHAM,S.B.I. BROADWAY BRANCH,
... Respondent
2. THE NATIONAL INSURANCE COMPANY LTD,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent :SMT.SARAH SALVY
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/01/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 841 OF 2009
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Dated this the 18th day of January, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)825/06.
The claimant, a 21 year old young man sustained an
abrasion on both knees and there was also partial loss of
upper incisor and another abrasion on the left hand. I feel
since there is a partial loss of upper incisor coupled with
abrasions on other parts of the body I fix the compensation
at Rs.5,000/- as a consolidated one.
2. The next question is regarding the coverage of the
vehicle. It is seen from the award itself that the vehicle is
covered by a package policy. The claimant is a pillion rider.
By virtue of the Circular dated 16.11.2009 of the Insurance
Regulatory and Development Authority, the insurance
company’s liability in respect of occupants carried in a
private car and pillion rider carried in a two wheeler is
covered under the Standard Motor Package Policy. The
M.A.C.A. 841 OF 2009
-:2:-
conditions of a package policy came up for consideration
before two Division Benches of this Court in the decisions
reported in New India Assurance Co. Ltd. v. Hydrose
(2008 (3) KLT 778) and Mathew v. Shaji Mathew
(2009 (3) KLT 813). In both these decisions the Court
held that by virtue of the terms and conditions of the policy
the insurance company is liable to pay the amount.
Therefore the finding of the Tribunal that the insurance
company is not liable is set aside and it is made liable.
Therefore the MACA is disposed of by allowing the same as
follows.
3. The claimant is awarded a total compensation of
Rs.5,000/- with 7% interest on the said sum from the date of
petition till realisation from respondents jointly and severally
and the insurance company is directed to deposit the same
within a period of sixty days from the date of receipt of a
copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-